Why Getting an H-1B Visa is Tricky and What’s changed

 

Why Getting an H-1B Visa is Tricky and What’s Changing in Future

The H-1B lottery registration window and selections are fast approaching. H-1B selections are by chance, but last year’s success rate was particularly hard. We will talk about why in a minute — since then, some changes have been made by the U.S. Citizenship and Immigration Services (USCIS) to “improve” the process ahead of the 2024 selections.

 

A Quick H-1B Recap

H-1B is an employer-sponsored visa that allows a person who is not a citizen or permanent resident of the U.S. to work in a “specialty occupation” for up to six (6) years. It is a non-immigrant visa category in the United States that allows U.S. employers to temporarily employ foreign workers in “specialized occupations.” It is one of the most popular/sought-after visas for foreign professionals dreaming or planning to work in the U.S. The demand, stringent requirements, and a limited annual cap make it difficult to obtain. As we approach March 2024, changes have been created by USCIS, reshaping the process for prospective visa applicants.

 

Why the 2023 Selection Was More Difficult

The H-1B Lottery

If you are unfamiliar with this process, you might think after a person submits and files their petition, they get an H-1B visa, but that is not the case. Getting selected for an H1-B visa is a lottery (literally). There is an annual cap, and only 85,000 people are selected annually. This 85,000 is a general quota of 65,000 and 20,000 visas for foreign nationals with an advanced degree. The selection difficulty?

 

Multiple Registrations

Multiple registrations are among the biggest reasons the 2023 selection (FY 2024) was more difficult. It is not illegal during the H-1B visa process for one worker to have multiple submissions/registrations, i.e., if I got a job at company X, they could file an H-1B petition for me. Company J could also do the same if I received an offer from them. Some workers have more than 2 registrations (to improve their chances of getting selected for the visa.) In FY 2021 (2020), out of 269,424 total eligible registrations, 241,299 were eligible for beneficiaries with no other eligible registrations, while 28,125 were for those with multiple registrations, resulting in 124,415 selections.

 

So, two things are happening here: the number of eligible workers petitioning for a visa increases yearly, which already reduces the probability of success, and then a fraction of those workers proceed with multiple registrations, further reducing the likelihood of success/selections.

 

Similar trends exist in FY 2022 and 2023 (2021 & 2022). Looking at last year’s data (FY 2024 = 2023), the H-1B visa landscape is marked by a substantial surge in total registrations, reaching 780,884 — an increase of 61%. Notably, 350,103 registrations are eligible for beneficiaries with no other eligible registrations, while 408,891 are for those with multiple registrations. However, the selections have decreased to 110,791. USCIS selected 110,791 registrations to meet the annual H-1B quota (85,000), a 14.6 percent chance of selection — a new low. USCIS chooses more than the yearly numerical limit to allow for applications that aren’t approved.

 

Other Existing Challenges

Stringent Eligibility Criteria

To qualify for an H-1B visa, applicants must meet strict eligibility criteria, including possessing a job offer from a U.S. employer, having the necessary educational qualifications, and demonstrating specialized skills relevant to the position. Proving the uniqueness of one’s skills contributes to the difficulty of the application process.

 

Lottery System

When the number of H-1B applications surpasses the annual cap, a lottery system is implemented to select the recipients randomly. This element of chance adds uncertainty for everyone involved in the process.

 

Changes Ahead of March 2024 Registration and Selection

The USCIS has announced a final rule to enhance the integrity and fairness of the H-1B visa registration system. The goal is to reduce the potential for gaming the registration system and ensure each beneficiary would have the same chance of being selected, regardless of the number of registrations submitted on their behalf. The key change involves limiting a foreign national to a single entry in the lottery system, irrespective of the number of registrations submitted for that individual. The new system is “beneficiary-centric,” linking entries to the foreign national’s passport or travel document. So, even if you submit 2 or 10 entries, all the entries will be connected to your passport or travel document information. So submitting 10 entries or 1 gives the same chance because it’s all tied to one person.

 

Additionally, the rule allows flexibility in selecting the start date of the petition, not confined to the traditional October 1st start date. If a beneficiary is chosen, all registrants for that individual will be notified, enabling them to file an H1B petition. While the registration fee for FY2025 remains $10, a fee increase to $215 is anticipated in April 2024. The final rule aims to curb system manipulation, fostering a fairer selection process for H1B visas, with a particular focus on the master’s cap exemption

 

While the USCIS can always introduce more ways to make the H-1B visa process a less challenging one, this is one step in the right direction. As we approach March 2024, may the force be with all applicants. I hope as many people as possible get selected!